Dismissed

K.P.Geevarghese Alias Babu, v. State of Kerala

Kerala HC4 Jun 2024WP(C)/16997/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking an order for proper investigation into alleged theft and eviction. The court noted a final report and subsequent further investigation were underway, with added charges under Section 201 IPC. It held no further direction was necessary. Quality: thin.

What did the court decide?

No further direction to investigate based on the Ext.P1 complaint was granted due to the existence of the final report and continuing further investigation.

K.P.Geevarghese Alias Babu, Vs State of Kerala — Property and Title | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946

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WP(C) NO. 16997 OF 2019

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PETITIONERS:

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1 K.P.GEEVARGHESE ALIAS BABU, AGED 73 YEARS

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S/O PAULOSE, KARAKKATTU HOUSE,
KANINAD P.O.PUTHENCRUZ VILLAGE,
ERNAKULAM DISTRICT

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2MANOJ BABU K.G,
AGED 46 YEARS
S/O K.P GEEVARGHESE,
KARAKKATTU HOUSE, KANINAD P.O.
PUTHENCRUZ VILLAGE, ERNAKULAM DISTRICT

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BY ADVS.
PAUL K.VARGHESE
SMT.A.A.GEETHA
SRI.K.P.S.JALALUDDEEN MOHMMED
SMT.NEENA JAMES

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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2 THE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN 695 010

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3 THE INSPECTOR GENERAL OF POLICE, KOCHI RANGE, 682 031.

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4 THE SUPERINTENDENT OF POLICE, RURAL OFFICE, ALWAYE, PIN 683 101

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5 THE STATION HOUSE OFFICER, PUTHENCRUZ POLICE STATION, PUTHENCRUZ, ERNAKULAM DISTRICT, PIN 682 308

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6ASHA KORATH,
AGED 45 YEARS
D/O KORATH,
KANNETH HOUSE, PUTHENCRUZ PUTHISERY VILLAGE,
ERNAKULAM DISTRICT, PIN 682 308

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7EDISON
AGED 50 YEARS
H/O ASHA KORATH,
KANNETH HOUSE, PUTHENCRUZ VILLAGE,
ERNAKULAM DISTRICT, PIN 682 308

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8THANKAMMA KORATH,
AGED 75 YEARS
W/O KORATH, KANNETH HOUSE,
PUTHENCURZ NOW RESIDING AT KOCHUPUREKKAL HOUSE,
PALAKUZHA P.O.ERNAKULAM DISTRICT 686 662.

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BY ADV.NOUSHAD K. A.
PUBLIC PROSECUTOR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.16997 of 2019

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-:3:-

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BECHU KURIAN THOMAS, J.

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-------------------------------------W.P.(C).No.16997 of 2019

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Dated this the 4^th day of June, 2024

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JUDGMENT

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Petitioners seek for a direction to the third respondent to conduct a proper investigation based on Ext.P1 complaint.

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Petitioners had complained as early as 28.05.2019, that the 6^th respondent had attempted to forcefully evict the petitioners on 27.05.2019 from the building taken by them on rent. They alleged that they found the lock of their business establishment broken, and entire materials, including clothes, sewing machines, money and the rental agreements, apart from electronic gadgets, totally worth around Rs. 32,00,000/- been stolen. It was also alleged that valuable cloth materials given for stitching by other persons were also found to be stolen and that the police failed to conduct a proper investigation due to the political influence. Pursuant to the complaint on 28.05.2019, a crime was registered as FIR No.473/2019. The writ petition was filed on 20.06.2019, alleging that no proper investigation was being carried out by the Police, which necessitates investigation to be conducted by the third respondent.

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W.P.(C).No.16997 of 2019

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-:4:-

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Records of this case reveal that a statement was filed by the 5^th respondent alleging that there were disputes between the petitioners and the landlords in respect of the building leased to the petitioners and various other crimes are existing between them. It is also stated that the 6^th respondent and other persons had obtained an anticipatory bail on 04.07.2019 due to which, after interrogation they were released on bail. A vehicle was also surrendered by the accused in the crime without any stolen articles, and the investigation revealed that the offence was committed as per the direction and leadership of the 7^th respondent, who is the husband of the 6^th respondent. Since investigation revealed that the 7^th respondent left India, a lookout circular was issued against him and it was necessary to retrieve the stolen articles, which are allegedly hidden by the 7^th respondent, and his arrest is essential for such a recovery.

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Subsequently, a final report in the crime was filed on 15.02.2021, arraying five persons as accused, which includes the 7^th respondent as well as the 6^th respondent, and the case is now pending before the Judicial First Class Magistrate Court, Kolenchery, as C.C.No.131/2021.

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While so, on 14.03.2023, this Court issued an order directing the Public Prosecutor to inform this Court the further steps initiated to

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W.P.(C).No.16997 of 2019

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recover the stolen articles in the light of the subsequent development after the arrest of the first accused, i.e, the 7^th respondent herein. Pursuant to the said direction, a statement has been filed on 30.10.2023, stating as follows:

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“2. It is submitted that the there are five accused in this case. Accused persons A2 to A5 taken bail from Hon'ble Sessions court Ernakulam during the course of investigation and Al had crossed over to a foreign country, the stolen property has not been recovered. After completing the investigation the case charge sheet was submitted before the Hon'ble Judicial First class court-I Kolenchery on 15.01.2021. Al has granted bail from Hon'ble Judicial First class court -I, Kolenchery on 22.08.22 in CMP No. 1021 in 131 of 2021.

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It is submitted that as per the Ho'ble court order further investigation of the case is started after getting sanction from the Hon’ble JFCM-1 Court Kolenchery. The investigation stared after verified the case file. Statement of A1has taken after giving 41(A) CrPC notice and finger print of A1 was also taken. Al1’s house was searched after obtaining search warrant from Hon'ble Judicial First Class Magistrate but the stolen articles did not found.

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It is submitted that the A1 confessed that the stolen cloth materials were destroyed by burned before he was absconding, a search was conducted the place where he destroyed the stolen cloth materials. The Stolen stitching machines are sold to the scrap dealers and there is no evidence obtained the person who bought the sewing machine. Questioned all accused in this case and verified. It is submitted that the investigation of the case is continuing and Section 201 IPC is added.”

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I have heard Sri. Paul.K.Varghese, the learned counsel for the

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W.P.(C).No.16997 of 2019

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petitiones as well as Sri.Noushad.K.A, the learned Public Prosecutor.

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Though this Court had on 14.03.2023, directed the respondents to inform the further steps initiated for recovering the stolen articles in the light of the arrest of the first accused, it was informed that, after conducting a search of the house of the first accused, none of the stolen articles could be recovered. The statement of the 5^th respondent extracted reveals that the stolen articles have been destroyed by burning them and that the sewing machine were sold to scrap dealers, which could not be retrieved.

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The nature of the crime committed and the failure of the investigation to recover the stolen articles no doubts points to an ineffective investigation. By virtue of lapse of time, and also the nature of crime allegedly committed, this Court is of the view that no purpose would be achieved by directing another investigation to be conducted based on Ext.P1 complaint. As the matter stands, the final report was filed, arraying five persons as accused, and as noticed from the statement of the 5^th respondent dated 30.10.2023 that the further investigation is continuing, and even Section 201 of IPC has also been added.

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Since the further investigation is being conducted as noticed from the additional statement that has been filed, there is no necessity for any further direction to investigate into Ext.P1 complaint properly.

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W.P.(C).No.16997 of 2019

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The investigation into any crime must of course, be proper and effective. As it is evident that further investigation is being carried on, there is no necessity for rising any directions.

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This writ petition is disposed of.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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Jka/04.06.24

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W.P.(C).No.16997 of 2019

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-:8:-

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APPENDIX OF WP(C) 16997/2019

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PETITIONERS’ EXHIBITS

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EXHIBIT P1A TRUE COPY OF THE COMPLAINT FILED BY
THE 1ST PETITIONER BEFORE THE INSPECTOR
GENERAL OF POLICE ERNAKULAM DATED
28.5.2019
EXHIBIT P2A TRUE COPY OF THE RECEIPT ISSUED FROM
THE IG OF POLICE OFFICE DATED 28.5.2019
EXHIBIT P3A TRUE COPY OF THE PLAINT IN OS 34/2019
BEFORE THE SUB COURT, PERUMBAVOOR DATED
30.5.2019
EXHIBIT P4A TRUE COPY OF THE FIR IN CRIME NO
473/19 OF PUTHENCRUZ POLICE STATION
DATED 30.5.2019

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EXHIBIT P5A TRUE COPY OF THE FIR IN CRIME NO
474/19 OF PUTHENCRUZ POLICE STATION
DATED 30.5.2019

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EXHIBIT P6A TRUE COPY OF THE WRIT PETITION AS
W.P.C.NO.18990/2019 FILED BY THE 6TH
RESPONDENT SMT.ASHA KORATH BEFORE THIS
HON'BLE COURT DATED 10.07.2019

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EXHIBIT P7A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONERS DATED
23.07.2019 IN W.P.C.18990/2019 WITH
EXHIBITS

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EXHIBIT P8TRUECOPYOFTHEORDERIN
W.P.C.NO.18990/2019 OF THIS HON'BLE
COURT DATED 14.8.2019

K.P.Geevarghese Alias Babu, v. State of Kerala

Case brief

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K.P.Geevarghese Alias Babu, v. State of Kerala

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